Apple EU Mediation

CEDR is an independent organisation providing mediation and other alternative dispute resolution processes to businesses, consumers, central and local governments, and trade bodies.  

CEDR will administer requests for mediation and provide experienced and highly skilled mediators to facilitate settlement between developers and Apple. 

If you are a developer with an eligible dispute with Apple and you would like to apply for mediation, please see below for further information on how mediation can help you reach a resolution. 

Mediation is a flexible process conducted confidentially and without prejudice to a party’s legal position in which a neutral person actively assists the parties in working towards a negotiated agreement of a dispute or difference.  Mediation puts the parties in control of the outcome and affords an opportunity for them to devise creative and innovative solutions.  

The mediator is a highly trained and experienced neutral third party who conducts the mediation and facilitates the process of negotiations.  The parties remain in ultimate control of the outcome and the terms of any settlement.

Eligibility 

Step 1:

If you are not satisfied that the App Review Board’s decision, made on or after March 7, 2024, correctly applied Apple’s terms relating to your access (i) to the European Union (EU) storefronts of the App Store or (ii) through the Notarization process used for iOS apps distributed to EU users outside of the App Store, and you are a developer established in, and which offers or intends to offer applications to customers located in, the EU, you may request to initiate mediation pursuant to the rules and conditions set out below.

Application 

Step 2: 

A eligible developer may submit a request for mediation by completing the online Application Form, which requests:   

• developer name, developer ID and contact information;
• information regarding the app and the App Review Board appeal;
• a summary of the facts and issues (no more than 500 words); and
• availability to attend mediation within 35-45 business days of the date of submission of the application.

Please click here to complete the online Application Form.  

Step 3: 

Once the application to mediate is submitted by the developer, CEDR will contact Apple to progress the mediation.

Apple will have 15 working days to agree to the mediation request and may decline (or withdraw from an ongoing mediation) on certain grounds, including:

• the dispute is not eligible for mediation (see Step 1);
• the developer submits its mediation request more than 4 weeks after being notified of the App Review Board’s decision;
• the developer and Apple have already concluded a mediation on the relevant issues regarding the same app or app update;
• the developer has initiated court proceedings regarding the relevant issues against Apple;
• the developer submits the same app or app update to App Review / Notarization while mediation is pending for the relevant app or app update;
• the developer is clearly engaged in fraud or illegal activity, and/or the developers’ request constitutes an abuse of the mediation mechanism.

Appointment of mediator and date of mediation 

Step 4: 

Once both parties confirm their agreement to mediate, CEDR will contact them to:

• appoint a suitable mediator from its panel;
• set the date of mediation; and
• provide guidance on the process and preparation.

Step 5: 

Within 5 working days of their appointment the mediator will contact the parties to agree the procedural timeline, including:

• the date for submission and exchange of written case summaries and any additional relevant documents;
• the date of the joint mediation session; and
• if necessary, a date for a private pre-mediation video call with each party.

Step 6:

CEDR will issue a Mediation Agreement for execution by electronic signature. Both parties will need to sign the Mediation Agreement in advance of the mediation. The Mediation Agreement includes important provisions with regard to the role of the mediator and the confidentiality of the process. Once the Mediation Agreement is signed, all parties will receive a copy of the completed version via automated email.

Step 7: 

On or before the date agreed with the mediator, the parties will submit written case summaries (1,500 words maximum) to the mediator and exchange these with each other. It is recommended that case summaries are exchanged no less than 10 business days before the joint mediation session.

Step 8: 

On the day of the mediation, which will be arranged to take place online and will usually take place within 30-45 business days after an eligible Application Form is received, the parties will first attend a separate and private introductory session with the mediator followed by a joint mediation session.

If the parties reach a mutually acceptable agreement during the joint mediation session, the terms will be documented in a final and binding settlement agreement which both parties will sign. If no agreement is reached, the mediation will be concluded without result unless the parties agree to extend the duration of the mediation to facilitate reaching an agreement within a specified further period of time.

Mediations conclude when:

• the parties reach a mutually acceptable agreement and document the terms of their agreement in a final and binding settlement agreement;
• no agreement is reached during or immediately after the mediation session and the parties do not agree to extend the duration of the mediation; or
• one of the parties withdraws from the process.

CEDR has a panel of mediators experienced in mediating business to business disputes, and with experience mediating technology issues. 

Please see CEDR’s mediator panel here.  

Q - Is my complaint eligible for the Mediation Process? 

A- Subject to the rules of the Mediation Process (including as set out under Step 3 above), you will be able to start the Mediation Process if:

• you are a developer established in, and which offers or intends to offer applications to customers located in, the EU; and
• your dispute relates to whether the App Review Board’s decision, made on or after March 7, 2024, correctly applied Apple’s terms relating to your access (i) to the European Union (EU) storefronts of the App Store or (ii) through the Notarization process used for iOS apps distributed to EU users outside of the App Store; and you are not satisfied with a decision of the App Review Board and the App Review Board’s decision was made on or after March 7, 2024.

Q - Do I have to pay a fee to use the Mediation Process? 

A- No. Apple will bear the cost of the mediation, although you will have to bear any legal costs that you choose to incur.

Q - Can I use this service to resolve disputes related to my purchases of Apple’s goods or services? 

A- This service does not apply to consumers who purchased services or goods through Apple. If you are a consumer and you have a complaint or dispute with either Apple or one of Apple’s business users, please refer to Apple's terms and conditions for how to lodge a complaint (see also https://www.apple.com/legal/). 

Q – Who do I need to bring with me to the mediation?

A- You should bring individuals with knowledge of the issues and with decision making authority to resolve any dispute. You may involve legal counsel if you want.  

Q – In which language will the mediation be conducted?

A- The joint mediation session will be conducted in English and the Mediation Agreement and supporting documents will be in English. 

Q- Does mediation exclude my right to redress to judicial authorities?

A- Participation in the Mediation Process does not preclude your right to seek redress in court. However, if you have already initiated court proceedings against Apple (or initiate proceedings during the Mediation Process), the Mediation Process will no longer be available and any ongoing mediation will be concluded without result.

Q- Will the mediator make a decision at the end of the mediation meeting?

A- No, the mediator will not make any formal recommendation or decision – the mediator’s role is to facilitate discussion and to assist the parties to reach an agreement. If the parties reach a mutually acceptable agreement, the terms will be documented. Otherwise, the mediation will end with no resolution. 

Q- Is there any effect on the decision of the App Review Board if mediation is requested?

A - The decision of the App Review Board stands unless and until the parties reach a mutually acceptable agreement during the mediation and document the terms of their agreement in a final and binding settlement agreement.

• CEDR Mediator Panel    

If you have a complaint about CEDR's commercial services you can use the following Complaints Procedure Form.